Opinion
# 2015-050-033 Claim No. NONE Motion No. M-86605
07-22-2015
TYRONE DAVIS v. THE STATE OF NEW YORK
Tyrone Davis, Pro Se Hon. Eric T. Schneiderman, NYS Attorney General By: Thomas G. Ramsay, Assistant Attorney General
Synopsis
Claimant moves for permission to file a late claim. The defendant opposes the motion on the ground that the motion is not accompanied by the proposed claim as required by Section 10 (6). The motion is denied without prejudice.
Case information
| UID: | 2015-050-033 |
| Claimant(s): | TYRONE DAVIS |
| Claimant short name: | DAVIS |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | NONE |
| Motion number(s): | M-86605 |
| Cross-motion number(s): | |
| Judge: | STEPHEN J. LYNCH |
| Claimant's attorney: | Tyrone Davis, Pro Se |
| Defendant's attorney: | Hon. Eric T. Schneiderman, NYS Attorney General By: Thomas G. Ramsay, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | July 22, 2015 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The claimant moves for an order pursuant to Court of Claims Act (CCA) § 10 (6) permitting late filing of the claim. The defendant opposes the motion on the ground that the motion is not accompanied by the proposed claim as required by section 10 (6).
The defendant asserts in its attorney affirmation in opposition that claimant "failed to attach a proposed claim" (affirmation, at para. 3). Likewise, the motion papers submitted to the Court fail to include a proposed claim as specifically required by section 10 (6) of the CCA. The reference by claimant about his claim (affidavit, first para.) being relevant and attached to the papers is an error as there is no such attachment included or provided. Claimant included a "Memorandum of Law in Support" received by the Court on April 13, 2015. Claimant states that the defendant has knowledge of the claim. The claim, however, was not attached nor provided with any paperwork, rendering claimant's motion defective. The claimant has also failed to include a Notice of Motion with his affidavit which is a further defect in his motion (see CPLR 2214; 22 NYCRR 206.8).
Therefore, the motion is denied without prejudice (see Davis v State of New York, 28 AD2d 609 [3d Dept 1967], cf. Matter of Berry v State of New York, 115 AD2d 153 [3d Dept 1985]).
July 22, 2015
Hauppauge, New York
STEPHEN J. LYNCH
Judge of the Court of Claims The following papers were read and considered by the Court on the claimant's motion for permission to file a late claim: 1. Claimant's Notice of Motion for Permission to File a Late Claim. 2. Claimant's Memorandum of Law in Support. 3. Defendant's Attorney's Affirmation.